TATA SONS LTD Vs. BALBIR VOHRA

JUDGEMENT

(1.) IA No. 897/2005 (under Section 151 CPC) This is an application seeking condonation of delay in filing the affidavit of evidence. For the reasons stated in the application, the application is allowed. CS (OS) No. 1052/2002 The plaintiff has filed a suit for permanent injunction, restraining passing of, infringement of copyright, dilution of trademark, damages, delivery up, etc. in respect of the trademark TATA.

(2.) It is not necessary to go into the details of the averments made in respect of the defendants other than defendant Nos.5 and 6, since the suit already stands decreed against other defendants through compromise applications filed between the plaintiff and the said defendants. Defendant Nos.5 and 6 were served in the suit and in view of their failure to appear they were proceeded ex parte.

(3.) The plaintiff has filed the affidavit of evidence of Mr. V. Gurumoorthi, Executive, Administration and Accounts and the Constituted Attorney of the plaintiff. The affidavit has been duly affirmed and verified which seeks to exhibit the original documents which are exhibited as Exhibit P-1 to P-15 (Exhibits P-4 and P-7 are not on record). The personal attendance of the plaintiff is exempted in terms of sub-Rule 2 of Rule 2 of Order 19 of the Code of Civil Procedure 1908.